How Is the Possession of Controlled Substances Punished?

You must understand that, in the state of Tennessee, it is considered illegal to possess a controlled substance without a valid prescription. This is especially true if it is found that you had an intent to manufacture, deliver, or sell this controlled substance, as well. Therefore, it is best not to get caught up in a situation like this with local law enforcement. But if you unfortunately do, then please follow along to find out how you might be punished for possession of controlled substances and how one of the proficient Clarksville drug crime lawyers at Fendley and Birch can help you defend against such crippling allegations and convictions.

How does the Drug Enforcement Administration categorize controlled substances?

Importantly, the United States Drug Enforcement Administration (DEA) has an established categorization of controlled substances. Essentially, the placement into these categories primarily depends on the controlled substance’s medical use, potential for abuse, and safety or dependence liability. They read as follows:

• Schedule I substances:
  • Heroin.
  • Lysergic acid diethylamide (LSD).
  • Methylenedioxymethamphetamine (ecstasy).
• Schedule II substances:
  • Cocaine.
  • Methamphetamine.
  • Fentanyl.
• Schedule III substances:
  • Ketamine.
  • Anabolic steroids.
  • Testosterone.
• Schedule IV substances:
  • Xanax.
  • Valium.
  • Ambien.
• Schedule V substances:
  • Motofen.
  • Lyrica.
  • Parepoectolin.

It is worth adding that a controlled substance need not be mentioned above to have the potential for criminal prosecution, as this is just an abbreviated list. So please, we urge you to think twice before you obtain a certain drug without first obtaining a valid prescription for it.

How is the possession of controlled substances punished in the state of Tennessee?

Now, depending on which controlled substance you are found to have, you may face varying levels of criminal prosecution. A more specific explanation of this reads as follows:

• Possession of a Schedule I controlled substance is typically a Class B felony:
  • A prison sentence of eight to 30 years.
  • A fine of up to $25,000.
• Possession of a Schedule II controlled substance is typically a Class C felony:
  • A prison sentence of three to 15 years.
  • A fine of up to $10,000.
• Possession of a Schedule III or IV controlled substance is typically a Class D felony:
  • A prison sentence of two to 12 years.
  • A fine of up to $5,000.
• Possession of a Schedule V controlled substance is typically a Class E felony:
  • A prison sentence of one to six years.
  • A fine of up to $3,000.

Of note, your criminal conviction may be easily upgraded if you are found to have a large amount of a certain controlled substance in your possession. For example, the DEA categorizes cocaine, methamphetamine, and fentanyl as Schedule II substances. Even so, if the amount involved is deemed to be 0.5 grams or more, you may be charged with a Class B felony instead.

If you have gotten this far, we now ask you to reach out to one of our talented Montgomery County criminal defense lawyers to schedule an initial consultation. Overall, we strongly encourage you to retain legal representation from Fendley and Birch for your upcoming criminal defense proceedings.